South Africa Case Law

Scholtz and Another v De Kock NO and Others (312/2023)

Scholtz and Another v De Kock NO and Others (312/2023) [2024] ZASCA 132 (2 October 2024)

Court

Supreme Court of Appeal

Case number

312/2023

Judges

Makgoka, Nicholls, Hughes, Molefe, Mbhele

The Supreme Court of Appeal held that Ms Scholtz did not owe a duty to account to the deceased's estate or its beneficiaries for the R5 600 000 received from the RAF. The mere deposit of funds into her attorney's trust account did not establish a fiduciary relationship requiring accounting, as no mandate agreement existed. Any fiduciary duty was limited to the brief period the funds were in the trust account, and Ms Scholtz had fully accounted for their transfer to the investment account. The subsequent management and disbursement of the funds were governed by a personal arrangement between t…

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• Fiduciary Duty
• Executor Accountability
• Deceased Estate Management
• Attorney Trust Account
• Donation
• Beningfield Exception

Bruintjies v Williams (3783/2015)

Bruintjies v Williams (3783/2015) [2015] ZAECGHC 121 (23 October 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

3783/2015

Judge

C Plasket

The court found that the respondent, even on his own version, had not paid the applicant the full amount owed and had failed to account properly for the funds received from the Road Accident Fund settlement. The respondent's attempts to delay proceedings through multiple postponement applications and transfer requests were found to be without merit and constituted delaying tactics. The prescription point raised by the respondent was rejected as baseless, given that the funds were held in trust and no proper accounting had occurred. The respondent's conduct was deemed outrageous and opportunis…

Source excerpt

• Attorney Trust Account
• Interim Payment
• Duty To Account
• Contingency Fee Agreement
• Costs Order
• Transfer Of Proceedings

Paymate (Pty) Ltd v Louis and Another (13927/2009)

Paymate (Pty) Ltd v Louis and Another (13927/2009) [2015] ZAWCHC 33 (27 March 2015)

Court

Western Cape High Court, Cape Town

Case number

13927/2009

Judge

J I Cloete

The High Court dismissed Paymate’s claim against its attorney for allegedly misapplying a trust deposit, finding the plaintiff failed to prove the mandate terms.

• Mandate Agreement
• Attorney Trust Account
• Negligence
• Legal Duty
• Onus Of Proof
• Attorney-trust-account

Bush and Others v Kruger INC and Another (2009/36699)

Bush and Others v Kruger INC and Another (2009/36699) [2013] ZAGPJHC 386 (8 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2009/36699

Judge

Wepener

The court found that four plaintiffs advanced money to a firm of attorneys as short-term bridging loans, and ordered repayment with interest.

• Attorney Trust Account
• Loan Agreement
• Joint And Several Liability
• Interest On Debt
• Jurisdiction
• Confidentiality Agreement